Manko v Aetna Health, Inc.
Motion No: 2010-00960
Slip Opinion No: 2012 NY Slip Op 77401(U)
Decided on June 27, 2012
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M139831

S/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2010-00960, 2011-02603

Nella Manko, appellant, v Aetna Health,

Inc., et al., respondents.

(Index No. 10501/09)

DECISION & ORDER ON MOTION

Appeals by Nella Manko from two orders of the Supreme Court, Kings County, dated December 15, 2009, and December 13, 2010, respectively. The motion of the respondent Lenox Hill Hospital to dismiss the appeals insofar as taken against it was denied by decision and order on motion of this Court dated May 3, 2012, on condition that on or before June 4, 2012, the appellant serve and file a supplemental appendix containing the papers filed by Lenox Hill Hospital in support of the motion that was determined by the order dated December 15, 2009. The appellant has not filed the supplemental appendix.

Now, on the Court's own motion, it is

ORDERED that the appeals insofar as taken against the respondent Lenox Hill Hospital are dismissed, without costs or disbursements, based on the appellant's failure to serve and file a supplemental appendix.

DILLON, J.P., DICKERSON, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court